Shaping the Workplace with State Employment Drug Tests

Although federal employees are covered by the Drug-Free Workplace Act of 1988, state laws vary drastically regarding drug tests for private employees.  Employers should educate themselves on private employment drug testing laws in their state in order to administer drug tests.  

Currently, there are three main ways that states approach employment drug testing laws.  The most common policies allow for testing with some caveats.  This is the case in 35 states.  In 5 states, testing is legal without caveats.  Lastly, 11 states do not have state laws regarding employment drug testing. 

Another key difference in how states govern drug testing revolves around anti-cheating policies.  In recent years, there have been more and more examples of tampered drug tests.  In fact, between 2022 and 2023, there was a six times increase in tampered test samples.  With this in mind, several states have developed anti-cheating measures, such as detailed check-in times, adulterant tests, and dilution detection.  

For private employees, drug testing laws depend on the state, and there is significant variation from state to state.  These laws will continue to change, with over 500 bills on the topic introduced in 2024. Staying abreast of these changes is key for employers who are thinking of implementing drug tests and will be important in shaping a safer workplace. 

Source: USDrugTestCenters.com